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(영문) 대전지방법원 2020.05.14 2019노3233
사기등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the court of first instance, the punishment of the said judgment (one year of imprisonment) is too unreasonable.

B. As to the judgment of the second instance, the punishment of the said judgment (eight months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio. The court below rendered a separate judgment on the crime of each judgment of the court below against the defendant, but the court below held concurrent hearings. Each of the above crimes is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. Thus, the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained any longer

3. As such, the part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance on the grounds of the above ex officio reversal, without examining the defendant's assertion of unfair sentencing, are reversed under Article 364 (2) of the Criminal Procedure Act, and the part of the judgment of the court of first instance and the judgment of the court below

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 347(1) and 30 of the Criminal Act, Articles 49(4)2 and 6(3)2 (a) of the Electronic Financial Transactions Act, Articles 347(1) and 32(1) of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, Articles 347-2 and 32(1) of the Criminal Act, Articles 347-2 and 32(1) of the Criminal Act, the choice of imprisonment for each sentence;

1. Article 32(2) and Article 55(1)3 of the Criminal Act for mitigation and mitigation (the crime of aiding and abetting fraud and aiding and abetting by using computers, etc.)

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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